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Patna High CourtCR. MISC./7276/2020allowed

Jay Prakash Mishra @ Jai Prakash Misha @ Jaiprakash Mishra v. The State Of Bihar

2020-02-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7276 of 2020 Arising Out of PS. Case No.-306 Year-2019 Thana- KATEYA District- Gopalganj ====================================================== Jay Prakash Mishra @ Jai Prakash Misha @ Jaiprakash Mishra Son of Dhirendra Mishra @ Dheerendra Mishra Resident of Village - Ramdas Baghi @ Ram Das Bagahi, P.S.- Kateya, Distt - Gopalganj. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Jai Shanker Prasad, Advocate For the Opposite Party :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-02-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Kateya P.S. Case No. 306 of 2019, for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that the petitioner is in custody since 17.12.2019. He further submits that in the instant case total 35 litres of country made liquor was seized. Nothing has been recovered from conscious possession of the petitioner.

Considering the fact that nothing was recovered from conscious possession of the petitioner, the Court is inclined to grant bail to him. The petitioner, named above, is directed to be

Patna High Court CR. MISC. No.7276 of 2020(2) dt.04-02-2020 2/2 released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge 2nd cum-Special Judge, Excise Act, Gopalganj in connection with Kateya P.S. Case No. 306 of 2019. In the event, the petitioner is found involved in similar case in future, the court below shall be at liberty to cancel his bail bonds in the present case.

(Anil Kumar Upadhyay, J) BT/- U T